Loading...
HomeMy WebLinkAbout130144 POTTERS INDUSTRIES INC - PURCHASE ORDER - 3214220 (2)Fort Collins Date: 09/12/2014 Vendor: 130144 POTTERS INDUSTRIES INC P O BOX 840 VALLEY FORGE PA 19482-0840 PURCHASE ORDER PO Number Page 3214220 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/06/2014 Buver: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO 1 LOT LS 30,000.00 Total $30,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rider Terms and Conditions Page 2 of 2 1. COMMERCDM.D£TAILS. Tax exemptions. By statute me City of Fon Collins is exempt farm state and Iwal Imes. Our Exemption Narow, a 11. NONWAIVER. 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6o0p589 is registered with the Collector of Failure of the Pureftwor in insist upon strict performance of the terms and conditions hereof. failure or delay to Inremat Revenue, Denver, Colorado (Ref. Colorado Revised Stamm 1923, Chapter 39-26, 114 (a). exercise any rights or mnclms provided herein or by law, failure 1. promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe deign, shall not release me Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be formed a waiver of my right of the d mage in strait may be rammed to you for credit and are not to be replaced except upon receipt of waitron purchaser m insist upon adnm performance hereof., in, cfi,s rights m remedies as m any such goods, regardless imonctions from be City of Fort Collins. of when shipped, received or accepted, w to any pact or subsequent default hereunder, nor shall any purp.ned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the reams Inspection. GOODS are subject a the City of Fort C.Ilow i opera n no amval. here.(. Final Acceptance. Receipt of the merchandise, services or equipment in re,pom'c to this oMe, can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. fir m m d payment on fie pan of the Ciry of Fort Cut].. However, it u I. be understood that FINAL Seller and the Fulmer rwognicc that in actual economic practice, overcharges, resulting farm antitrust inspection procedures. ACCEPTANCE u dependent upon completion of all applicable mluirednsp violations are in fact home by the Purcr. Theretofore, fogood cause and m consideration for executing this hatt purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now Franc or hereafter Freight Terms. Shipments must be F.O.B., City of For Collins, 200 Wood St., Fon Collins, CO 80522, unless acquiml under federal or state anlitrt6t laws for such overcharges relating to the particular good or window otherwise specified on this oNer. if,omission is given to prepay freight and change separately, the impact freight purchased w acquired by the Purchaser pursuant m this purchase order. bill mmt accompany invoice. Additioal charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing paints is vas us pans of the country, shipment is If the Purchaser diretts the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the expected farm fie nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser end the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, fie Purchaser shipments are made from greater distance, may came the work to be pefif rood by the most expeditious meant available to it, and the Seller shall pay all costs associated with such work. Pemriu. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the note, municipally, terimry or political subdivision where ale Seller shall release me Purchaser and its contresc om of any for man all liability and claims of any nature the work u performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from rise perfomnunw of such work. of vendor. Seller fuller agrees to hold the City of Fort Collins harmless from and against all liabil by and loss incurred by them by ream. of an asserted m established vi.hum. of any, such laws, negulatimrs, radirunces, rales This rel,ase shall apply even in the event of fault of negligence of the party released and dual extend m the and requiremens. directors, officers; and employees of such party. Authoriention. All parties to this contract agree that the aparescrwives are, in fact, boor fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Offer expressly limits acceptance to are torts and conditions stated herein set fond and any supplemrnmry or additional terns and conditions annexed heem or inewpora¢d heart. by reference. Any additional or different terms and conditions proposed by cal ler arc objected In and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING ADEN 1' immediately Wynn cannot make complete shipment m omve on your promised delivery date as noted Time is .f the essence. Delivery and performance must be effected within the time stated On the purchase under and the documents attached hereto. No acts .1 the Ptahasers includ,. without limifilim, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition 10 Other legal and culturing, comedt me option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due on causes not commonly foreareable which are beyond its reasonable control and without its fault Of negligence, such acts wGod, =is of civil or military, motorman, govenunental priorities, farts, strikes, flood, epidemics, wan or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of rise time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery dull be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. Ile Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, i,afications, samples and/or other descriptions given, will be lit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standaNs for work of a 'similar .tare. The Seller agrees to hold the purchaser harmless from any loss, damngc or expense which the Purchaser may suffer or incur on account of the Sellers breach of wvrmny. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults rasing within one (1) year or within such longer period of time o may be prescribed by law or by the terms of my applicable wormy provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be umeamasbly delayed), resulting man impatient or defective work done or materials fumlshed by the Seller. Acceptance or use of goods by me Purchaser shall riot .nstimte a waiver of any claim wrier this stairway. Except or otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately crowd by the breach of any of the foregoing wvmnties or guanantces, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. Ile Purchaser soy make changes to legal terms by wrhlen change Order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes 1. the tears, other than legal toms, including addaims fo or deletions Gam the quantities. originally ordoed in the specifications or drawing, by verbal or wrinm change order. If.y such change affects are amount due or me time of Performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at coy time by wrinrn change order, away mate this agreement an to any or all Narrow of me goods men not shipped, subject to any equitmle adjtswent between me panics ss to any work or matend, then in progress provided that the Purchaser shall rim be liable for any claims for anticipated parfis on me .ncoinitiated portion of fe goods wdor work, for incidental or comemsontial damages, and that no such adjustment be made in favor of the Seller with respect to any good which are are Sellers standard stock. No such temtinamon shall relieve the Purchase, or the Seller of any oflhelr obligations as to any goad delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most b, asserted within thirty (30) days from the date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seiler wamanU that all goods sold hereunder shall have been produced, said, delivered and furnished in strict compliance with all applicable laws and regulations 1. which me good aR subject, The Seller shall execute and deliver such documen , as may be taquited to effect or evidence cone,, once. All tows art regulations repaired 10 b, incorporated in agreements of this clawarcr are hereby incorporated herein by this reference. The Seller agars to indemnify and hold the Purchuer harmless fmm all costs and damages suffered by are Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order or any monies due or to became due heacundea without the prior waiuen consmd Of the other Party. 10. TITLE. The Seller warrants full, clear and unrestricted tide to me Purchaser for all equipment mounials, and items famished in performance of this agreement f and clew of coy and all liens, awarictia., r6e,v81i.M1a, sewnry interest rncumbra.n and claims ofomi The Sellers communist obligations, including wamady. shall rot be deemed to M reduced, in any way, because such work is performed or soused to be perforated by dhe Purchaser. 14. PATENTS. Whenever the Seller is required 10 use any design, device, material Or process emered by Inner, patent trademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngemem by reason of the use of such patented design, device, material or process in connection with the contracts and shall indemnify the Purchaser for any oust expense or d mage which a may be obliged a p, by ..a of such infriagernem at any time during the prosecution or after the completion of the work. In cam said equipment or any pan thereof or are intended use of the good, is in such suit held to consulate infringement and the use of said equipment or pan is enjoined, the Seller shall, at its owu expense and at as option, either parcare for the Purchaser the right in continue using said equipment or pans, replace the mare with substantially equal but ficambinging equipment or modify it so it becomes noninfnnging. I S. INSOLVENCY. If the Seller shall become insoh'en1 or baNrmpt make an assignment for the benefit of creditors, appoint a ar mstor for any of the Sellers p,.,Iy w business, this order may forthwith be cans by me Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the intemremtion of the agreement and the debts of all parties hereunder shall be wasoved under and governed by the laws of dm State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the seavices.fSellers Re,remmativehd, on the premises fathers. 12. SELLERS RESPONSIBILITY. The Seller shall cant' on said work at Sellers own ask writ me same u fully completed and accRted, and shall, in eau of coy accident destruction or injury to the work and/or contracts before Sellers final completion and rccepmme, complete the work at Sellers own expense and m the satisfaction of the Purchaser When materials and equipment arc fiunished by arbors for i.tellation or erection by the Seller, the Seller shall receive, wl.d store and handle same at the site and became mandible therefor as though such malmaB ands ryuipment were being Enriched by the Seller under dhe order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease berefits, to its employees employed on or in connection with the work covered by this purchase Order, ardor to their dependents in accordance with the laws of the state in which the work is to be done. The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liabiliry imumnce win bodily injury and death limits of at lesur Som)," for any one Perwn, 5500,0.ro for any one .,ideal and property damage limit per accident of S400,000. The Seller shall likewise require his comramors, if any, to provide for such contamination and insurance. Beth any of the Sellers or his nommemrs employors shall do any work upon the premises of omers, the Seller shall f ish the Purchaser with a cenifirce that such compensation and iruurence have been provided. Such certificates shall specify the date when such compensation and announce have been provided. Such certificates shall specify the doe when such compensation and insurance expires. The seller agrees that such compensation and i.uma ce shall be maintained word after me argue work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind or moure whatsoever to Persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold ham less the Purchaser and any or all of the Proboscis officers, agents and employees fmm and against any and all claims, gasses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which fie Purchaser may be put or subjem by reason of coy act action, neglect, omission or default on he pan of are Seller, any of his contractors, or coy of the Sellers or contractors officers, agents or employees. In case any suit or other parcrecup shall to brought against the Purchaser, or its officers, agents or employees at any came on account or by rearm of any act, action, within, omission or default of the Seller of any of his contractors or any of its or their offli agents or employees ss of mid due Seller hereby agrees to moors, the defense mereof and 10 defend the same at the Sellers own expense, to Pay any and all costs, charges, attomeys fees and other expenses, any add all judgments fat may be incuned by or obtained against me Purchase, or any of its or most officers, agents or employees in such saw or other proceedings, and in can judgmen or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause me same to be dissolved and discharged by giving bond or ofedwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of ccidems, comply with all laws and marmions with regard to safely including, but without limitation, the Occupational Safety and Health Act of 1920 and all rates cod regulations issued purswnd thereto. Revised 0212014